Twenty-three year old man shot dead by police in a marijuana raid

Dayton Daily News ^ | 10/01/02 | Cathy Mong

[Phantom Lord]

Dozens protest Preble County police shooting

Slain man’s roommates say he was unarmed

EATON | Preble County law-enforcement officials declined to talk publicly Monday as they turned information about Friday's fatal shooting by a police officer of a 23-year-old man over to detectives from the Montgomery County Sheriff's Office.

Montgomery County investigators, called in by Preble County Sheriff Tom Hayes, also said they would not talk about their review of the shooting by a member of a Preble County's emergency services group — officers from a number of police departments who are trained to handle drownings and hostage and other situations.

However, it was anything but quiet outside the Preble County Courthouse, where dozens of friends and relatives picketed and said that police were covering up what happened to Clayton Jacob Helriggle, 23, of 1282 Ohio 503 South.

The protesters disputed police claims that Helriggle had a gun when he descended a stairwell and was shot by a Lewisburg police officer, whose identity has not been released. Friends and relatives on Monday carried blue plastic cups similar to the one they said Helriggle had in his hand Friday night.

Among the protesters were four of Helriggle's roommates, three of whom said they were inside the brick farmhouse when police stormed the house to serve a warrant to search for narcotics.

Maj. Wayne Simpson of the Preble County Sheriff's Office declined to discuss information about what happened Friday night and said a report on the shooting of the Preble County man had not been completed. Preble County Prosecutor Rebecca Ferguson said she sealed the search warrant after the shooting, and had no comment regarding the investigation.

"They're a professional group of officers, that's what their job is, and I'm not going to second-guess them. Whatever (Montgomery County officials) come up with, they come up with," Ferguson said.

Friends called Helriggle "peaceful and nonviolent," but police said the 1997 Twin Valley South High School graduate held a 9 mm handgun, not a blue cup, in his right hand when he descended the dimly lighted stairs. Roommates said Helriggle owned a 9 mm gun, but that it was upstairs when police entered their house.

"It's like we were armed, hardened criminals waiting inside to take them on," said Wes Bradley, 26, who lived in the bottom of the six-bedroom farmhouse with his girlfriend, 22-year-old Tasha Webster.

Bradley said he and Webster were near the kitchen next to the stairs, when officers "broke through the back door with battering rams and started throwing in flash grenades three at a time, to blind us."

The officers wore full body armor and carried shields, he said.

Another roommate, Ian Albert, said he had returned home from the grocery store with Chris Elmore, 24, who remained outside while Albert ran into the house.

"We saw at least two paddy wagon-type vehicles, like a SWAT bus," Elmore said. "About 30 officers stormed out of the woods" surrounding the farmhouse. "They'd cut the barbed wire, and you could see a staging area, like where 25 to 30 uniformed cops had been lying down and slithered along the grass."

Officers ordered Elmore to get on the ground, and he said he heard three pops, which he said could have been the flash grenades and gunshot.

"I yelled 'Nobody's armed,' and they told me, 'Shut up, shut up.' ”

Elmore described the action "like a movie, in slow motion."

Inside, Albert said, the police threw him against the staircase, "with my head on the second step up. I wanted to yell at Clay, but I looked up and saw him, rounding the stairway, and he had this look on his face, like, 'What's going on?' and the cops yelled, 'Get down' and then 'boom.' ”

Albert, who completed four months of Navy Seal training, said he reached up for Helriggle, "and I tried to apply pressure," he said, placing his left palm on his right chest, where Helriggle was struck by the gunshot.

"He died in my arms," he said. "It took about two minutes."

Albert said he was placed in a sheriff's car, and Helriggle's parents arrived.

"They saw me, drenched in Clay's blood, and they ask me, 'Is he all right?' and I just shook my head. The cops are smoking and joking, high-fiving each other. Wow, I think, they took down a farm of unarmed hippies.

"If they would have come to the door and said, 'Give us your dope, hippies,' we'd have gotten about a $100 ticket."

Police said they confiscated a small amount of marijuana, pills, drug paraphernalia and quantities of packaging items used in the distribution of marijuana.

The four roommates said they smoke marijuana from time to time and that they had marijuana pipes in the house. Bradley said he had a prescription for Fiorocet, a codeinelike painkiller, for a bad knee. They said the packaging police referred to was a box of plastic sandwich bags.

Webster said there was nothing in the house "that a good divorce lawyer couldn't have gotten us out on a misdemeanor," and said an old shotgun and a .22-caliber rifle found there were used for hunting.

"We target-practiced outside all the time, shot at bales of hay, jugs, that sort of thing," Webster said.

Bradley and Webster said Helriggle took a nap around 5 p.m. and had made plans to meet his girlfriend later.

"I'm not sure if he woke up from the bashing on the door or what," Bradley said.

All four said they were not read their rights or told what charges were filed against them. They were released from the Preble County Jail around 1:30 a.m. Saturday. No criminal charges have been filed.

Nancy Fahrenholz, the daughter of Everett "Bill" Fahrenholz, an attorney and former country prosecutor, hugged Bradley on Monday at the courthouse. Helriggle and five roommates rented the house from the Fahrenholzes.

"I'm so sorry," said Fahrenholz, a Rhode Island resident in the area to finish up the estate of her father, Bill Fahrenholz, who died a month ago.

"(Dad) would have been furious at this," she said. "We're all very distressed."

She said Helriggle "was a really nice guy," and that her family was pleased with the five young people's work on rehabilitating the farmhouse.

Helriggle's 77-year-old grandfather, Donald, a Miamisburg resident and Ohio Bell retiree, said his grandson rented the farmhouse "so they could play their instruments, listen to their music and drink a little beer. . . . They just wanted to be doing what 23-year-olds do."

[Roscoe]

Illicit drugs are anything 'authorities' decree them to be.

There are laws restricting marijuana sales and possession at the federal level and in all fifty states, the cult's hatred of representative government notwithstanding.

[tacticalogic]

What kind of idiot would come down the steps brandishing a 9mm handgun when the police SWAT team is making a drug bust? Only a complete moroon whose judgement is severely impaired by drug addiction.

Possibly. But wheather or not he had the gun in his hand, or wheather he even knew it was a SWAT team making all the noise downstairs is very much in question from the information available in the article. What kind of "judgement" does it take to jump to conclusions, and argue based on facts not in evidence?

[Hemingway's Ghost]

2nd Circuit. Read a book.

This kind of condescention is funny from a FR wannabe lawyer who thinks that finding "gun" and "Commerce Clause" on the same page means without question that the Supreme Court reasoned that since gun ownership is an enumerated right in the Bill of Rights it can't be regulated by the Commerce Clause.

The case you cited was about commerce, not enumerated rights, as the Court further explains:

"Proyect attempts to distinguish this body of authority by arguing that, while growing marijuana for distribution has a significant impact on interstate commerce, growing marijuana only for personal consumption does not. Despite the fact that he was convicted of growing more than 100 marijuana plants, making it very unlikely that he personally intended to consume all of his crop, Proyect contends that no one may be convicted under a statute that fails to distinguish between the cultivation of marijuana for distribution and the cultivation of marijuana for personal consumption. This contention is without merit."

[vin-one]

This poor sucker chose to break the law anyway. Tough noogies for him.

Little Willie, let me point out that the MJ they killed this young man
was probably only a misdemeanor. Probably wouldn't go to jail if busted on the street.
So it was worth his life for coming down the stairs with a blue cup in his hands,

You are so full of it,
a minor charge at most. Small amounts of pot found, notice they did not say how much.
but enough to kill him.
I hope you sleep well.

[expatguy]

God forbid the day comes when summary judgement is deemed a solution for illegal parking

[Dead Dog]

Not only that, most of them don't train as much as you or I with those guns. I think we average about 1500-2000 rounds per year.

I seriously doubt the ninja coppers would be able to establish a GO position without the Dog giving them away. In a graphic way, this is my best guess of what happens if they took down my house. The dog barks like mad, I get up with arms to find out why. Hey, the wife has someone hell bent on her death, so this is a regular occurrence. Then they bust in the door, we all get to find out how munch Kevlar a .338 WM will punch through. I die from several 9mm rounds form an MP-5 (probably not a well aimed controlled burst), then (TF)Mrs. Dead Dog gets popped by a sniper's .308 or gets one shot of .00 buck before she joins me in a blowing frothy blood bubbles on the floor.

I would never live long enough to find out who broke in my house, and really, wouldn't have any other responsible choice but to defend my home and loved ones. My parents never get grand kids from this side of the family, and they get to bury their only son. The cops immortalize their fallen Hero's on TV, and write up their lack of a narcotics bust as another case of bad Intel. The mothers of the Cops children become involuntary single mom's and their children grow up with out their dads

But hey, it's a small price to pay to keep the streets clear of Mari Jane and Visine. This BS has to stop.

The way to fight drugs is to legalize it, and be honest to kids about the effects. Most people that actually try the stuff either walk away and never look back, or use it like I use beer on a Saturday afternoon. The others have problems and will be addicts regardless.

I don't even hold any animosity to the cops, they would just be fallowing orders, that are legal as far as they know. The problem lies with hand wringing bureaucrats buying votes with feel good legislation.

[FormerLurker]

People have to get over their Wild-West fantasies that they have an automatic right to pick up a gun and go investigate everytime they hear somebody kick down their front door!

I can't help but think that one day, someone with combat experience and good reflexes will give these cowboys a little surprise they didn't bargain for. That person might actually HAVE A GUN and USE IT effectively. As there ARE home invasions that take place (committed by guys who AREN'T cops), a citizen has no choice but to open fire if a intruder breaks into the house unannounced..

[Roscoe]

The case you cited was about commerce, not enumerated rights, as the Court further explains:

That court being the 2nd Circuit, not the the USSC. You're aware that they aren't the same court?

The decision, and the decisions it referenced, lay to rest the lunatic contention that guns are subject to being outlawed because illicit drugs are.

Your argument lies smoking on the ground.

[walkingdead]

Well, your dog would help you at first, but then they'd just shoot him like they did on Ruby Ridge.

[Willie Green]

I hope you sleep well.

I sleep very well.
There are no illicit drugs on my property.
And I have no problems alerting local law enforcement to suspicious neighborhood activity.
I appreciate the job that they do to keep our communities safe.
Sure, I may grumble a little about an occasional parking ticket,
but what the heck, I pay my taxes for enforcement of parking regulations as well,
If I "take a chance" and get caught, then I gotta ante up the parking fine.
No big deal.

[FormerLurker]

Let the stateless pro-dope Nirvana blossom forth in all its splendor. From each citizen according to his ability, to each doper according to his need.

What if was YOUR son or daughter? What if it was YOU or your WIFE? Would your opinion change if it were you or your family who became the next victims of the drug police? They HAVE been known to get the address wrong on occasion, and HAVE shot and killed innocent men, women, and children. And that's not even including Waco...

[tacticalogic]

The decision, and the decisions it referenced, lay to rest the lunatic contention that guns are subject to being outlawed because illicit drugs are.

Really? So the federal government no longer has the authority to prohibit posession of a sawed off shotgun under the Commerce Clause?

[Hemingway's Ghost]

That court being the 2nd Circuit, not the the USSC. You're aware that they aren't the same court?

No . . . you're sh*tting me . . . really?

The decision, and the decisions it referenced, lay to rest the lunatic contention that guns are subject to being outlawed because illicit drugs are. Your argument lies smoking on the ground.

No. The decision laid to rest the fact that possessing a gun did not equate to a form of COMMERCE which the federal government could regulate.

I stand by my assessment that wannabe lawyers like you are an opposing attorney's wet dream.

[Dead Dog]

They get off on shooting a man's dog.

[Printers Angel]

Here is another article from The Register-Herald:

http://www.registerherald.com/

Helriggle family, friends protest death
by Leslie Collins

October 2, 2002 - Nearly 30 people marched in front of the Preble County Courthouse for hours on Monday, Sept. 30, protesting the death last Friday of 23-year-old Clayton Helriggle.

Helriggle was shot and killed during a drug raid near West Alexandria on Friday, Sept. 27.

Since the incident, and as an investigation by Montgomery County authorities proceeds, two differing accounts have emerged. Officers at the scene said Helriggle approached with a handgun. Family and friends contend he held only a blue glass of water in his hand when a Preble County officer fired a single fatal round from a shotgun.

The protest on Monday brought to light much of the family's belief about what happened. Helriggle's family and friends carried poster board signs professing "They murdered my friend" and "God won't forget." Several carried blue cups, signifying what they believe the officers saw.

Sharon Helriggle and her husband were at home Friday evening, Sept. 27, when they heard a "frantic" call for CareFlight come across their police scanner -- just hours after their son Clayton had left for his home and a nap, she said.

She would later find out the shooting victim needing the medical helicopter was Clayton.

"My husband and I went up there," Sharon said Monday morning during the protest. "The cops had the house completely surrounded -- they were rude and kept telling us to get back."

She said they stayed, watching from a field, for nearly two hours before Investigator Dave Lindloff told them "Clay" was dead.

"He went to take a nap," Sharon Helriggle repeated what those inside the farmhouse said they witnessed.

"And when he heard all the commotion, he started down the stairs."

According to Sharon, Clayton's best friend was also on the stairwell, and claims the 23-year-old had only a glass in his hand.

"They said 'drop' and then, bang! -- he just shot him," the grieving mother said their son's friend reported.

The friend, whom Sharon identified as simply "Ian," stayed with Clayton.

"I thank God Ian was with him," she said. "He held him until he passed."

Clayton did have a gun, according to his mother, but it was not in his hand. She said it was in his bedroom.

"Clayton was the kindest, gentlest soul, and would do anything for anybody he knew," she said.

"Nobody would ever have thought this could happen, but it did."

The Helriggle family and friends contend the officers on the team did not knock to announce their presence.

"They could have knocked on the door," Sharon Helriggle said, "and the boys would have walked out to them.

"Not one of them has a criminal record," she said. "There may be some minor things, but nothing worth this. He just mowed him down."

Another individual living in the house was injured during the incident, according to officials, who noted it may have been from flying glass. Sharon Helriggle and family believe the wounds appear to be from "buckshot."

Helriggle family members appeared before the Preble County Commissioners on Monday morning, requesting the board help them by supporting the calling of a grand jury in the case. Commissioners explained, they had no official capacity in such matters, as both the PC Sheriff and Prosecuting Attorney are separate elected entities.

Officials from the Preble County Sheriff's Office and the Montgomery County Sheriff's Office were to meet Monday afternoon concerning the investigation into the incident.

According to a press release issued by the Montgomery County Sheriff's

Office, PC Sheriff Tom Hayes requested the MCSO to investigate the shooting

which involved an officer on Friday, Sept. 27.

"At the conclusion of the investigation, the matter will be turned over to

the Preble County Prosecutor's Office for review," the release stated.

[Hemingway's Ghost]

If it's a member of the protected class' son or daughter, none of this long arm of the law stuff would ever happen. Witness one Noelle Bush, recidivist cocaine junky and prescription drug addict. Conservatives encourage fighting Drugs in her name with prayers and best wishes and cries of media bias.

[vin-one]

And I have no problems alerting local law enforcement to suspicious neighborhood activity. I appreciate the job that they do to keep our communities safe.

As well so do I, I am the neighborhood watch, for my development.
In fact I call the police all the time for questionable activity.
The difference here, is that minor possession of Pot, is not a capital offense.

and your support of it is disgusting.

[Willie Green]

God forbid the day comes when summary judgement is deemed a solution for illegal parking

In addition to short attention span, paranoia is another symptom of drug addiction.

Watch out for those Meter Maids!
They can be brutal! </sarcasm>

[Dead Dog]

Yah, I had some Seattlelite priss call the cops on me for some reason. I never found out why, I played phone tag with the police for two days until they decided it wasn't worth their time. Go figure. Probably because I had the dreaded Oregon plates. The Ducks will destroy the fuskies again this year, by the way

The same good neighbors let the distraught ex-husband of another neighbor case her property. They chose to stay out of that one, but whined to me about her bringing that element into their area.

[cinFLA]

No where in this whole report do I see that the cops told him to drop his gun. (persuming he did in fact have one, which may not even be true) Isn't that some kind of standard procedure?

A slightly off the subject comment. All that pointing of guns in the movies and on TV is unreal. In the real world, if someone is about to point his gun at you, you try to take him out BEFORE he has a chance to shoot.